Penal Code, 1860–Secs. 302/149,148 & 341–Conviction–Appropriate Section and sustainable against whom ?–Evidence on record showing that the prosecution witnesses stated the exaggerated role of accused–Allegation
against R that he used the firearm whereas neither any fire arm was recovered nor any injury of fire arm was sustained by any person–Accused B & S were alleged to be having mongari–Mongari cannot be taken as a deadly weapon and no allegation that they gave beating–Held, appellants R, B & S are entitled for acquittal–Initially altercation took place between deceased and appellant K–Others came there on call–Appellant M hit the deceased with heavy stone–Appellant V & G caused the injuries with the help of balam
and fanta Injuries were cause with the common intention of causing death–They are liable to be convicted u/s. 302/34.
